Patna High Court
Sachin Yadav @ Sachin Kumar Yadav @ Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Since the FIR does not specifically allege an assault by the petitioner and there is a case and counter‑case, the court granted bail subject to statutory conditions.
Summary
The petitioner, Sachin Yadav, sought bail after being named in an FIR (G.B. Nagar PS Case No. 331 of 2025) for offences under the Bhartiya Nyay Sanhita, 2023, alleging assault with a deadly weapon. He contended that the FIR does not specifically allege any overt act by him and that the matter involves a case and counter‑case, with a pending title suit between the parties. The prosecution opposed bail, citing a prior criminal antecedent, but noted that the petitioner was already on bail in the same matter. The court observed the lack of a specific allegation against the petitioner and the existence of a civil dispute, and consequently granted bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The bail order required a bond, sureties, cooperation with the trial, and provisions for cancellation if evidence was tampered with or antecedents concealed.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under multiple sections of the Bhartiya Nyay Sanhita.
- Whether the FIR contains a specific allegation of assault against the petitioner sufficient to deny bail.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita — s. 109, 115(2), 117(2), 118, 126(2), 191(2), 303(2), 324(4), 351(2), 352
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- FIR
- assault
- criminal antecedent
- case and counter case
- pending civil suit
- Bhartiya Nyay Sanhita
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86843 of 2025
Arising Out of PS. Case No.-331 Year-2025 Thana- GAUTAMBUDHNAGAR District-
Siwan
======================================================
Sachin Yadav @ Sachin Kumar Yadav @ Sachin Kumar Son of Pancha Yadav
Resident of Village- Sarangpur, Ps- G.B. Nagar, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prashant Kumar, Advocate
: Mr. Netan Chouhan, Advocate
: Mr. Divyam Kumar, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-01-2026 Heard Mr. Prashant Kumar, learned counsel for the
petitioner and Mr. Akbar Ali, learned Additional Public
Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with G.B. Nagar P.S. Case No. 331 of 2025, F.I.R.
dated 26.07.2025 for the offences punishable under Sections
191(2), 126(2), 115(2), 118, 117,(2), 109, 303(2), 324(4), 352,
351(2) of the Bhartiya Nyay Sanhita, 2023.
3. As per the First Information Report, the informant
alleged that when he was standing in front of his house, then the
petitioner along with other co-accused persons came, armed with
deadly weapon and assaulted him by means of farsa and iron rod.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.86843 of 2025(2) dt.08-01-2026
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present case. There is case and counter case between the parties
and the petitioner and the informant are agnates to each other.
One Title Suit No.1218 of 2024 is pending between the parties.
Although the petitioner is named in the FIR but from bare
perusal of the FIR it appears that there is no specific allegation of
assault or overt act against the petitioner and specific allegation
of assault is attributed against co-accused person.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries one criminal antecedent other
than the present one but fairly submits on the basis of paragraph-
3 of the bail application that the petitioner is on bail in the said
matter.
6. Considering the aforesaid facts and circumstances,
there is no specific allegation of assault or overt act against the
petitioner and there is case and counter case between the parties
and one title suit is pending between the parties, let the petitioner,
above named, in the event of arrest or surrender before the court
below within a period of thirty days from the date of receipt of
the order, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned A.C.J.M-IV, Siwan in
connection with G.B. Nagar P.S. Case No. 331 of 2025, subject
Patna High Court CR. MISC. No.86843 of 2025(2) dt.08-01-2026
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to the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bond in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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